A04040 Summary:
| BILL NO | A04040 |
| SAME AS | No Same As |
| SPONSOR | Weprin |
| COSPNSR | O'Donnell, Aubry |
| MLTSPNSR | Lentol |
| Amd §§702 & 703, Cor L | |
| Relates to certificates of relief from disabilities issued by courts or by the department of corrections and community supervision. | |
A04040 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
TITLE OF BILL: An act to amend the correction law, in relation to certificates of relief from disabilities PURPOSE OR GENERAL IDEA OF BILL: To make the statutes governing the issuance of certificates of relief from disabilities and certificates of good conduct consistent. SUMMARY OF SPECIFIC PROVISIONS: Sections one and two of the bill amends sections 702 and 703 of the correction law regarding the issuance of a certificate of relief from disabilities to conform to section 703-b of the correction law regarding certificates of good conduct. Section three of the bill is the effective date. JUSTIFICATION: The correction law provides that a certificate of good conduct shall be issued where the Parole Board is satisfied that the applicant is eligi- ble, the relief to be granted by the certificate is consistent with the rehabilitation of the applicant and is consistent with the public inter- est. This bill conforms the provisions of the correction law governing certificates of relief from disabilities to provide for the same stand- ard. PRIOR LEGISLATIVE HISTORY: Referred to correction 2011-2016. A similar bill A2204 passed the Assem- bly in 2013 and was returned to third reading in 2014, and as A2479 passed the Assembly in 2015. FISCAL IMPLICATIONS: None. EFFECTIVE DATE: 90 days.
A04040 Text:
Go to topSTATE OF NEW YORK ________________________________________________________________________ 4040 2017-2018 Regular Sessions IN ASSEMBLY January 31, 2017 ___________ Introduced by M. of A. WEPRIN, O'DONNELL, AUBRY -- read once and referred to the Committee on Correction AN ACT to amend the correction law, in relation to certificates of relief from disabilities The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 2 of section 702 of the correction law, as 2 amended by chapter 342 of the laws of 1972, is amended to read as 3 follows: 4 2. Such certificate shall [not] be issued by the court [unless] when 5 the court is satisfied that: 6 (a) The person to whom it is to be granted is an eligible offender, as 7 defined in section seven hundred; 8 (b) The relief to be granted by the certificate is consistent with the 9 rehabilitation of the eligible offender; and 10 (c) The relief to be granted by the certificate is consistent with the 11 public interest. 12 § 2. Subdivision 3 of section 703 of the correction law, as amended by 13 section 34 of subpart B of part C of chapter 62 of the laws of 2011, is 14 amended to read as follows: 15 3. The department shall [not] issue [any] a certificate of relief from 16 disabilities pursuant to subdivisions one or two, [unless] when the 17 department is satisfied that: 18 (a) The person to whom it is to be granted is an eligible offender, as 19 defined in section seven hundred; 20 (b) The relief to be granted by the certificate is consistent with the 21 rehabilitation of the eligible offender; and 22 (c) The relief to be granted by the certificate is consistent with the 23 public interest. 24 § 3. This act shall take effect on the ninetieth day after it shall 25 have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05033-01-7